Monday, March 19, 2012

Navajo Nation sues Urban Outfitters

HT Chris Sprigman. The complaint, Navajo Nation v. Urban Outfitters, Inc., No.
1:12-cv-00195-LH-WDS (D.N.M. filed Feb. 28, 2012), alleges trademark infringement and dilution and violation of the Indian Arts & Crafts Act through Urban Outfitters' sale of various products with "Navajo" in the product description. Perhaps reflecting the recent struggles to invalidate others' registrations, the complaint repeatedly calls Urban Outfitters' products "scandalous," though the closest actual cause of action is dilution by tarnishment. I'm surprised the complaint didn't specifically discuss the Free People "Intimately Navajo Sock," but the flask and the hipster panty come in for a bunch of outrage too.

Aside from the obvious issues of trademark v. descriptive use, I was struck by these paragraphs:

114. The injuries
suffered by the Navajo Nation include, but are not limited to, advertising
injuries arising out of Defendant's misappropriation of the Navajo Nation’s advertising
ideas and styles of doing business.

115. The injuries
suffered by the Navajo Nation include, but are not limited to, disparagement of
its products and advertising injuries, and web-site injuries arising out of Defendant's
disparagement of the Navajo Nation’s products.

116. The injuries
suffered by the Navajo Nation include, but are not limited to, advertising
injuries and web-site injuries arising out of Defendant's infringement of title
by falsely suggesting and misrepresenting that its products are Indian made,
when they were not.

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